Daily Yellowstone journal., 1887-05-19
Thursday, May Ie, 1887.
WARNING UPON THE SETTLERS


WHEN the land department first be-
gan its warfare upoL those cutting
timber upon the public domain. and
all the business of getting titles to land
was suspended till the cases of alleged
fraud were examined, some allowance
was made for ignorance and super
heated zeal of new officials. Ii was
hoped and generally expected that
when the higher officials should be.
come better acquainted with the facts
that this prosecution would cease.
Unfortunately this is not proving
true. No matter how many times
Sparks has been overruled, he still
holds his position, and worse still
clings to his original idea that every
n who seeks to get title TO land is a
fraud. and that everyone cutting tim-
Der on public lands Is a trespasser. al.
though the law of ISIS was passed for
the yer, purpose Of granting this
sright AMI removing the color of LEG
slity. The narrow Interpretation and
construction given by the department
~ the iaw Of 1875, restricting the cut
ting Of timber to those doing il for
their individual use, is equivalent To
a reJesl Of the law. In is effects it is
worse than n repeal. Every mine
owner or citizen wishing to put up Il
house, cannot W n saw mill and OK
train, and cut, saw and haul his own
timhers and lumber. Such was never
the intention of the law and no cour
in the world would 80 construe it.
The Northern Pacific wa doing u ser
vice to the people of Montana in cut.
ting and putting upon our markets
the timber growing upon its own
lands. But the government agents
have warred upon IL In every way and
form, a. If 1t were guilty Of crime In
cutting its own timber. Sparks in
sists still against all the representa-
tons Of those living in this country
and all the rulings and decisions of
courts, that the land grant Of the
Nor thern Pacific west of Bismarck /.
forfeited and that the company has
not even n color of title to any part Of
the land through Montana. Compell-
ed by the decisions Of the supreme
court to regard the government in de-
fault for not having surveyed it, lands
according 10 contract agreement, he
has gone 10 work in such "A niggardly
way 10 procure the survey, that no
one can he found 10 do il at the
price offered. This H. no excuse
for having these surveys neglected.
1t WAS not agreed that the surveys
should not be made unless il could be
done nj n certain price, too low for any
reputable or competent surveyor to
undertake il. The surveys were to be
msde H. the road advanced, no matter
what the cost. The Northern Pacific
has been built through Montana Tor
four wears, and still the surveys are
not made. The company has earned
its lands and wants some use and ben
eft from them. In cutting its timber
and putting IL on our markets IL was
getting some benefit for itself and do
ing some service To our people. IL Is a
good thing for the country to have the
timber near the railroad cut out. II
prevents timber fires from locomotive
sparks, II II amazing to u how any
grand jury in Montana, under any
array Il official influence. could have
been huldozed into finding an lndict.
ment for any cutting of timber that
has been done in Montana. We
know that no petit jury, before HON
the law aud the facts were fairly pre-
scented, would ever find a verdict Of
guilty. But without even getting a
case before a court or Jury, the govern
mpnt can harrass the men engaged in
the business 50 ~ Ia drive them out Of
IL. Thi- has been done, aud We are all
suffering in consequence, Every man
who buys a board or n stick has TO pay
more for it on Accoun Of The govern,
ment persecution.
IL has been supposed generally that
governments were Instituted among
men to protect the people, not % pros
ecute them, to aid in the scltlemen.
aud development of the country an,
not 10 maiutHiI u ~ "A bowling vii
derness. n this timber T. Dot used
will be destroyed 10y fire.. Doe "n.
government prefer tu see II all d"
strnyed rather than made -ervlretbll
90 the development If the country
The wors' mck-rrnting, evicting land
lord in Ireland would compare favor
ably with the actual conduct Of the